Chapter 8.20
NUISANCES
Sections:
8.20.010 Definitions
8.20.015 Right of Entry
8.20.020 Acts of Omission and Conditions of Public Nuisance
8.20.030 Inoperable or Unregistered Vehicles
8.20.035 Outdoor Storage
8.20.040 Abatement of Nuisances
8.20.045 Abatement of Weeds and Litter
8.20.060 Removal and Disposition by City
8.20.070 Debris Prohibited
8.20.080 Debris Abatement Procedures
8.20.085 General Informal Guidelines
8.20.090 Written Notice of Violation–Required–Contents
8.20.100 Service of Notice
8.20.110 Abatement of Nuisances by City– Assessment of Costs
8.20.115 Abatement of Emergency Violations by the City
8.20.120 Lien for Assessment
8.20.130 Right of Appeal
8.20.140 Liability for Costs of Fire Department
8.20.150 Responsibility upon Transfer of Property
8.20.160 Fraudulent Transfer
8.20.170 Interference with Enforcement, Abatement
8.20.180 Violations–Penalties
8.20.010 Definitions
As used in this chapter:
"Citation" means the Arizona traffic ticket and complaint form currently in use and shall direct the defendant to appear in the Winslow city court.
"Debris" means garbage, refuse and rubbish and all other waste material, including animal excrement, which, if thrown or deposited in a manner prohibited by this chapter, tends to create a danger to public health, safety and welfare and includes, but is not limited to, industrial waste, furniture part, stove, sink, household fixture or appliance, vehicle part, mattress, rubbish, dead animal, trash, broken glass, cans, bottles, refuse, ash, broken or neglected equipment and materials; a significant quantity or pile of broken asphalt, broken tile, broken brick, or broken concrete; paper and metal such as containers or cans, dry vegetation, tumbleweeds, weeds, bushes, hedges and tall grass and trees that present a visual blight upon the area and/or which may harbor insect or rodent infestations or may likely become a fire hazard or otherwise threaten the health and safety or the economic welfare of adjacent property owners or occupants.
"Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
"Inoperable or disabled vehicle" means a vehicle or any major portion thereof, which is incapable of movement under its own power and will remain so without major repair or reconstruction, whether licensed or unlicensed.
"Major repair" means the removal from any vehicle of a major portion thereof, including, but not limited to, the differential, transmission, head, engine block or oil pan.
"Private premises" means any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes, but is not limited to, any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
"Public nuisance" means any condition or use of premises or building exteriors, within the city, which is detrimental to the property of others, or which causes or tends to cause substantial diminution in the value of other property in the neighborhood or district in which such premises are located. This includes, but is not limited to, the specifically defined items set out in this section.
"Public place" means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
"Refuse" means all putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned, wrecked or junked vehicles or parts thereof, and solid market and industrial wastes.
"Rubbish" means nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, cardboard, metal cans, yard clippings, leaves, metal, wood, glass bedding, crockery and similar materials.
"Street" or "road" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel and includes the whole right-of-way of the public entity maintaining said way, whether such right-of-way is paved or not.
"Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks, except for a device propelled solely by human power. Also included are any and all boats that are required to have a license. (Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 1, 1990; Ord. 574 § 1 (part), 1987: prior code § 17-81)
8.20.015 Right of Entry
The code enforcement officer is authorized to enter the premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code enforcement officer is authorized to pursue recourse as provided by law. (Ord. 1005 (part), 2007)
8.20.020 Acts of Omission and Conditions of Public Nuisance
The following specific acts, omissions, conditions and things in or upon any private lot, building, structure or premises, or in or upon any public right-of-way, street, avenue, alley, park, parkway or other public or private place in the city are hereby declared to be public nuisances:
A. Filthy, littered or trash-covered exterior areas, including all buildings and structures thereon and areas adjacent thereto;
B. Accumulations of trash, litter, rags, empty barrels, boxes, lumber not neatly piled, scrap iron, tin and any other metal not neatly stored, bottles, glass, cans, ashes, wire, metal articles, broken stone or cement, broken plaster and all other trash and abandoned material;
C. Any unsightly and dangerous building, billboard or other structure, or any old, abandoned or partially destroyed building or structure, or any building or structure commenced and abandoned;
D. Any unguarded or abandoned excavation, pit, well or hole dangerous, injurious or harmful to life or property;
E. To leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under the control of any person and in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside, without first removing the door or lid, snap lock or other locking device from the icebox, refrigerator or container;
F. The doing of any act, or omitting to perform a duty, or suffering or allowing or permitting any condition or thing to be or exist, which act, omission, condition or other thing either unlawfully interferes with, obstructs or renders dangerous the free passage or use, in the customary manner, of any stream, public park, parkway, square, sidewalk, street or highway in the city;
G. All inoperable or disabled vehicles, or vehicles while being repaired or restored for more than fifteen (15) calendar days, shall be stored in an enclosed area by the owner or occupant of the property upon which such vehicle is located, in such a manner as to not be visible from any point outside the property upon which such inoperable or disabled vehicle, while being repaired or restored, is stored or parked. It shall also be a violation of this subsection for an owner or occupant to move an inoperable or disabled vehicle, which is in violation of this subsection, from one property to another property in order to avoid the penalty for violation of this subsection;
H. No property facing a public street in any residential zone, or which is often provided around any building in a residential zone, shall be used for the storage of debris or inoperable or disabled vehicles, and no land shall be used for such purposes. (Ord. 1060, 2008; Ord. 1038, 2007; Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 574 § 1 (part), 1987: prior code § 17-82(A))
8.20.030 Inoperable or Unregistered Vehicles
A. No person shall park, or permit to be parked, on any residential property or commercial property where prohibited by one (1) or more other provisions of the city code, any vehicle which is inoperable and is visible from beyond the boundary of the property.
B. No person shall park or permit to be parked on any residential lot, any vehicle which does not display current registration and is visible from beyond the boundary of the property. This subsection shall not apply to off-road recreational motor vehicles designed primarily for recreational non-highway all-terrain travel.
C. The owner of record of the property upon which a vehicle is parked in violation of subsection A or B of this section shall be prima facie responsible for any violation of this section. If more than one (1) person shall be recorded as the owner of the property, said persons shall be jointly and severally prima facie responsible for the violation and subject to the sanction therefor.
D. Defenses.
1. It is an affirmative defense to a violation of subsections A and B of this section that the vehicle was registered to a resident of the property, that the vehicle was undergoing repair, and that the total period during which the vehicle was under repair did not exceed fifteen (15) calendar days.
2. It is an affirmative defense to a violation of this section that the vehicle was placed on the property without the consent of any owner or agent of any owner of the property and that the vehicle was removed from the property within fifteen (15) calendar days of its placement on the property.
3. It is an affirmative defense to a violation of this section that the vehicle is in or upon the backyard of the premises in question and is not visible from the boundary of the property. (Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 574 § 1 (part), 1987: prior code § 17-82(B))
8.20.035 Outdoor Storage
No property facing a public street in any residential zone, or which is often provided around any building in a residential zone, shall be used for the storage of debris or inoperable/disabled vehicles; and no land shall be used for such purposes. (Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 815, 2000)
(Manual, Amended, 02/19/2006)
8.20.040 Abatement of Nuisances
Any public nuisance committed under this chapter may be abated in any manner provided by law. (Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 574 § 1 (part), 1987: prior code § 17-83)
8.20.045 Abatement of Weeds and Litter
If the public nuisance committed under this chapter is weeds and/or litter and the nuisance is in the public right-of-way (along the street, in the alley, etc.), the City may choose to abate the nuisance (or pay a contractor to complete the work) prior to a complaint against the property owner, lessee, or occupant being filed in court. The owner, lessee or occupant shall be required to pay the actual cost, plus an additional fifty (50) percent of such cost, to the City within thirty (30) calendar days after the assessment has been mailed to the last known address of record of the owner, lessee or occupant. Failure to comply will result in civil or criminal court action. (Ord. 1136 § 1, 2010)
8.20.060 Removal and Disposition by City
When any such owner, tenant, lessee, occupant or other person to whom notice has been mailed fails, neglects or refuses for more than twenty (20) calendar days from the date appearing on such notice to abate such nuisance, the code enforcement officer and/or police officer is authorized to remove such nuisance and/or inoperable or disabled motor vehicles from such premises and dispose of same according to the Arizona Revised Statutes relating to inoperable or disabled vehicles. (Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 574 § 1 (part), 1987: prior code § 17-85)
8.20.070 Debris Prohibited
A. Duty to Maintain Premises Free of Hazards. All owners, lessees or occupants of any building, grounds, lots, premises or acreage and all sidewalks, streets and alleys contiguous thereto, within the city shall control and maintain such aforesaid areas so as not to constitute a violation of public health, welfare or safety. Any accumulation of debris, including inoperable or disabled vehicles without regard to value, if any, that present a visual blight upon the area and/or which may harbor insect or rodent infestations or may likely become a fire hazard or otherwise threaten the health and safety or the economic welfare of adjacent property owners or occupants, is hereby declared to be a violation to the public health, welfare and safety and shall be abated promptly after notice to do so is given by the city. (Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(a))
8.20.080 Debris Abatement Procedures
A. Areas shall be cleared of all debris except that clean soil and gravel-sized stone may be spread evenly over the surface in a manner not to interfere with drainage.
B. As an alternative, areas may be brought into compliance by removal of the debris, leveling of all piles and, in the case of dry vegetation only, a fire break may be cut separating any flammable structure from standing weeds to a minimum width of thirty (30) feet. A larger width of fire break may be specified by the city in its notice of violation if such is necessary to protect any person or property.
C. Exempted from the operation of this chapter is large, remote acreage in its natural state, acreage impossible to service with large machinery due to its terrain, governmental agencies, and industrially and commercially zoned areas wherein zoning permits the storage of material ordinarily prohibited by this chapter. This exemption is not operable when actual and probable danger to the public exists. (Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(b))
8.20.085 General Informal Guidelines
For the purposes of enforcing this code, the following general guidelines will be followed. A ten (10) calendar day period will be allowed for compliance after the Code Enforcement Officer makes initial contact with any owner, lessee, or occupant. If compliance with the direction of the Code Compliance Officer has not occurred within the said ten (10) days, the formal letter, described in Section 8.20.090, outlining written notice of the violation will be sent. (Ord. 1136 § 2, 2010: Ord. 1101 § 1, 2009: Ord. 1005 (part), 2007)
8.20.090 Written Notice of Violation–Required–Contents
Any person or entity who owns, leases or occupies any building, lot, premises or acreage within the City who fails to comply with this chapter shall be given a written notice by the City to abate such violation. Such notice shall contain a brief statement of the violation. The notice shall inform such person of his rights of appeal and that failure to comply with the notice within the stated time periods will cause the City to take further corrective action; which could result in issuance of a civil or criminal citation or abatement of violation(s) by the City. The date set for compliance shall be not more than fifteen (15) calendar days from the date of service of the notice. (Ord. 1136 § 3, 2010: Ord. 1101 § 2, 2009; Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(c))
8.20.100 Service of Notice
Notice shall be served on the owner, lessee or person occupying such property by the code enforcement officer or his duly authorized representative by personal service in a manner provided in Rule 4(d) of the Arizona Rules of Civil Procedure, or mailed to the owner, lessee or person occupying such property at his last known address or, if unknown, the address to which the tax bill for the property was last mailed. Such mailed notice shall be by certified mail. If the owner does not reside on such property, a duplicate notice shall also be sent to him at his last known address or, if unknown, the address to which the tax bill for the property was last mailed.
The notice of violation and the assessment lien shall run with the land. The city, in its sole option, may record a notice of violation with the county recorder and thereby cause compliance by any entity thereafter acquiring such property. The nonfiling of any notice of violation shall in no way affect the validity of such notice as to the entities so notified. A satisfaction of a notice of violation or assessment lien shall be filed when the property is brought into compliance by the owner, occupant or lessee.
Where multiple ownership exists of a property in violation of this chapter, the city may serve any one (1) owner of record and such service shall be deemed to be service upon any party having or claiming an ownership interest in the property. After service upon any one (1) owner, the city may fully proceed under this chapter the same as if all owners had been served. (Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(d))
8.20.110 Abatement of Nuisances by City– Assessment of Costs
When any owner, lessee or occupant to whom notice has been given fails, neglects or refuses to abate the prohibited violation from such property by the date set for compliance within the notice, the city manager, or his duly authorized representative, shall abate such violation. Upon abatement of the violation, the city manager, or his duly authorized representative, shall prepare an assessment containing a verified statement of the actual cost of such removal or abatement. The owner, lessee or occupant shall be required to pay the actual cost, plus an additional fifty (50) percent of such cost, to the city within thirty (30) calendar days after the assessment has been mailed to the last known address of record of the owner, lessee or occupant. A duplicate copy of such assessments shall be mailed to the person or persons to whom the original notice of removal was mailed in the manner heretofore prescribed for service of the notice of removal. If the total assessment, including the fifty (50) percent additional charge as set out above, is not paid within thirty (30) calendar days after mailing of the assessment, the city shall apply a lien to the property in the amount of the original assessment, including the fifty (50) percent additional charge, plus the cost of title search, recording fees, legal fees and other related fees. Failure to comply will result in civil court action. (Ord. 1129 (part), 2010; Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 646 § 1 (part), 1993: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(e))
8.20.115 Abatement of Emergency Violations by the City
A. When a violation of this code poses a substantial and immediate threat of serious harm to the health or safety of any person, then the city may immediately enter the property and take the minimum action necessary to relieve the threat of serious harm. Prior to entering the property, the city shall obtain:
1. The involvement of the Navajo County health department or other applicable entity if such department or entity has authority to act in the matter; and
2. The consent of a person who owns, leases, rents, occupies, controls, or has the right to control the property; or
3. A search warrant from the city magistrate court authorizing the city to enter the property and relieve the threat of harm.
The magistrate court shall issue such an order only upon a showing that probable cause exists to believe that a violation of this code, which poses a substantial and immediate threat of serious harm to the health or safety of any person, exists on the property.
B. Any person who owns, leases, rents, occupies, controls, or has the right to control the property who is found to be in violation of this section will be issued a civil citation for all violations causing the emergency abatement. The magistrate court may impose monetary reimbursement orders as justified by the violations. (Ord. 1005 (part), 2007)
8.20.120 Lien for Assessment
When the time for appeal from the amount of the assessment has expired or after an appeal is taken and the hearing officer affirms or modifies the amount of the assessment, such final assessment shall be forthwith recorded in the office of the county recorder of Navajo County, Arizona, and from the date of its recording shall be a lien on such lot, tract of land or premises described in the assessment, until paid. Such liens shall be subject to and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record. A sale of the property to satisfy a lien obtained under the provisions of this section shall be made upon judgment of foreclosure or order of sale. The city shall have the right to bring an action to enforce the lien in the superior court of Navajo County, at any time after the recording of the assessment, but failure to enforce the lien by such action shall not affect its validity. The recorded assessment shall be prima facie evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to the recording thereof. A prior assessment for the purposes provided in this section shall not be a bar to a subsequent assessment or assessments for such purposes and any number of liens on the same private premises may be enforced in the same action. All assessment liens filed with the county recorder shall bear interest at the highest rate of interest permitted by law. Any present water service delivered to the site will also be assessed the charges and billed the entire amount until satisfied by payment. If the lot is unimproved, permit issuance for any improvements will be denied until such charges are paid in full. (Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 646 § 1 (part), 1993: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(f))
8.20.130 Right of Appeal
Any person upon whom a notice of removal has been served or an assessment has been made may appeal both the notice and the assessment to the hearing officer, as follows:
A. Prior to the date set for compliance on the notice of removal, any person on whom such notice has been served may appeal to the hearing officer from the demands of the code enforcement officer or his duly authorized representative contained in the notice of removal. Such appeal must be in writing and filed with the clerk of the city within seven (7) calendar days from the date of service of the notice of removal.
B. Any person upon whom an assessment is served under the provisions of this chapter may appeal the amount of such assessment to the hearing officer. Such appeal shall be in writing and filed with the clerk of the city within seven (7) calendar days from the date of service of the assessment.
C. The hearing officer shall, within twenty (20) calendar days from the date of filing of any appeal under this chapter, hear and determine such appeal, and the decision of the hearing officer shall be final. The hearing officer may affirm, reverse or modify the scope of the work as required by the notice of removal or the amount of assessment contained in the verified statement. No action shall be taken by the city until the hearing officer has heard and determined all matters contained in the notice of appeal. If the appeal is from a notice of removal, the appellant shall be granted an additional twenty (20) calendar days from the date of the hearing officer’s final determination in which to perform the removal pursuant to such determination. (Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(g))
8.20.140 Liability for Costs of Fire Department
After service of the notice of violation as provided herein, the owner, lessee and occupant of such premises shall be jointly and severally liable for any and all reasonable charges incurred by reason of the fire department being required to respond to property not abated as required by the notice of violation. When incurred, such charges shall be treated in the same manner and be subject to the same rights of appeal as charges incurred in bringing the property into compliance. (Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(h))
8.20.150 Responsibility upon Transfer of Property
The transfer of any and all property interests in any manner, including, but not limited to, the sale, trade, lease, gift or assignment of any real property against which a notice of violation has been issued shall not relieve the party(ies) served unless the legal entity assuming an ownership interest in such property, in writing, assumes responsibility for compliance with the notice of violation and a copy of such writing is presented to the city. (Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(j))
8.20.160 Fraudulent Transfer
Any legal entity, real or statutory, who transfers the ownership interest in real property against which a notice of violation has been served without obtaining a written acceptance of liability from the new owner for the items listed in the notice of violation shall be guilty of a Class 1 misdemeanor. (Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(k))
8.20.170 Interference with Enforcement, Abatement
Any person who interferes with, prevents, or attempts to interfere with or prevent an individual employed by the city or other person contracted by the city from investigating an alleged violation of this chapter, or from correcting or abating a violation of this chapter, is guilty of a Class 1 misdemeanor. (Ord. 1005 (part), 2007)
8.20.180 Violations–Penalties
In addition to any cost incurred, any person, firm or corporation found guilty of violating any of the provisions of this chapter shall be guilty of a Class I misdemeanor punishable pursuant to Arizona State Statutes. Each occurrence or day the violation shall continue shall be a separate offense, punishable as described herein. (Ord. 1097 § 1, 2009: Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(i))